Can you seal an expunged record in California?

Asked by: Adrienne Batz III  |  Last update: December 31, 2025
Score: 4.3/5 (68 votes)

“Expunged” is a term that people often use, but it's not a legal term in California. The Clean Slate law allows you to seal arrest records and dismiss convictions. After your records are sealed or your conviction dismissed, private background check companies should not show arrests or dismissed criminal convictions.

How do I seal or expunge my record in California?

To seal a record, an individual must file a petition and provide certain information about the offense and the disposition of the case. The court will review the petition and decide whether to grant the request to seal the record. Expungement refers to the process of legally destroying or dismissing a criminal record.

Will an expungement show on background check in California?

While an expunged conviction will still show up on background checks, it will also show that it has been dismissed, which can improve your chances of employment or housing.

How long does it take for your record to clear after expungement in California?

How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

What is the new California law to seal records?

The law goes even further, directing the state Department of Justice to automatically seal from public view non-serious, nonviolent and non-sexual felony convictions when the defendant has completed their sentence and not been convicted of another crime in four years.

Can a Sealed or Expunged Record Affect Your Gun Rights?

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How much does it cost to seal your record in California?

Felony Expungement $1,200* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,500. Sealing of Arrest Records under 851.91 PC $1,495. Reduction to Misdemeanor under 17b or Prop 47 $750.

What is the 7 year rule for criminal background checks in California?

The FCRA includes a seven-year rule that prohibits background check companies from reporting certain types of adverse information that is older than seven years when the position the applicant has applied for pays a salary of less than $75,000 per year, which will be explained below.

Is expungement worth it California?

There are many benefits to expunged convictions. First and foremost, it will give you peace of mind. As expressed in the California Penal Code 1203.4, expungement absolves a person of all discrimination and penalties that can result from a conviction.

What is the clean slate program in California?

The Clean Slate Program is a reentry program that provides free legal services to persons convicted of criminal offenses in Fresno County who are eligible for record clearance. Clearing your criminal history may make finding employment, obtaining housing, and getting educational financial aid easier.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

What crimes Cannot be expunged in California?

Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including:
  • Child pornography crimes.
  • Certain sexual assault crimes.
  • Committing lewd acts with a minor.
  • Failure to submit to a police inspection of vehicle.

Can the government see expunged records?

Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.

Will my expunged record show up on a live scan in California?

A: For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons.

Can employers see expunged records in California?

This means that for a vast majority of the jobs you will be applying for, your expunged conviction will NOT be visible to your potential employer and you have no duty to disclose any convictions that have been expunged, which necessarily drastically increases your marketability.

How can I get my record expunged in California for free?

How do I apply?
  1. Contact the Public Defender or legal aid. The Public Defender or legal aid in the county where you have convictions will be able to help you start the process.
  2. Submit petitions if eligible. In about 2-6 weeks, the Public Defender or legal aid will contact you. ...
  3. Receive decision.

Can police see expunged records in California?

Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.

What is the new law in California for expungement?

There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions.

Does a felony go away after 7 years in California?

Under California Senate Bill 731, most state felony convictions will get automatically sealed from your criminal record four years after the case ends. Also, all felony arrest records that did not lead to charges will be sealed after three years, but this does not apply to serious, violent, or sex offender felonies.

What is the second chance law in California?

This reform offers a fresh start for many Golden Staters who have served their time and are committed to rebuilding their lives. Senate Bill 731 went into effect in mid-2023 providing Californians with most kinds of felony convictions, including violent crimes, the opportunity to ask for their records to be cleared.

What is the difference between expungement and sealing in California?

Sealing Vs.

Key differences between sealing and expunging include: Sealing a criminal record means restricting access to it, while expunging means dismissing it. Sealed records are not visible to the public, including potential employers and landlords, but they are still visible to law enforcement agencies.

Can you reverse an expungement?

A Type of Dismissal

Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.

Is a pardon better than an expungement?

Unlike expungement, a pardon does not erase a criminal record. Instead, it is a formal forgiveness for the crime, relieving the individual from the legal consequences associated with the conviction.

How far back does DOJ background check go in California?

California's Seven-Year Lookback Rule

California includes a seven-year restriction on the reporting of convictions within the ICRAA.

Does your criminal record clear after 7 years in the USA?

Many people mistakenly think that United States criminal records automatically clear after 7 years. This is inaccurate. However, after 5 to 10 years, you may be eligible for expungement, depending on state law. At that point, you can file a petition with the court to have your criminal record expunged.

What is the new law for background checks in California?

Enacted in 2018, California's Fair Chance Act generally prohibits employers, with five or more employees, from asking a job candidate about their conviction history before making a conditional job offer.